Is 10 yrs. Too Much?

[Ceicei]

Ok, here are my thoughts about this.

There are two views about this. One view is concerning the term "minor", defined as a person under 18 (and in some places, under 21). The other view is concerning the term "teenager", defined as a person who is approaching adulthood.

The problem here is not necessarily that these two views may at times conflict each other (as is evidenced by this thread). To change the laws just because the individuals are teenagers would effect the laws regarding minors, for teenagers ARE minors. We should not be seeking to change the laws defining minors, for the laws are there to protect the minors--which also involve teenagers. What then is the REAL problem?

What is happening here is a relatively new phenomenon--"mandatory sentencing" which came within the past few decades. Because of the types of certain crimes being committed and the charges determined by the law enforcement and prosecutor(s), the sentencing guidelines require that the mandatory sentencing (certain number of time served) must be imposed, and often because of that, the judge's hands are tied. [Not certain whether the mandatory sentencing might have come about because there were incidents that the sentencing may seem to be too lax to fit the crime?] Mandatory sentencing were then written into the code (by the legislature) and more often than not, does give appropriate punishment to the crime. However, removing the discretion from the judges to consider all the factors in the situations--without the hand-tying of mandatory sentencing--would allow a wise judge to accept the decision of the jury and impose the proper sentence that fits the particular case.

- Ceicei

 

[Tez3]

Can I ask why each state has different laws? It seems strange that a country should have so many different laws, seems like inequality somehow. We have different laws in England, Scotland and N Ireland but they are different countries not states or counties.

This thread reminds me of the Rabbi who was counselling a married couple who were constantly arguing. He listened to the husband then said 'you are right, he listened to the wife then said 'you are right'.

 

[CoryKS]

Can I ask why each state has different laws? It seems strange that a country should have so many different laws, seems like inequality somehow. We have different laws in England, Scotland and N Ireland but they are different countries not states or counties.

Because we are a federation of independent states, at least, we are supposed to be. Don't think of it as inequality, think of it as an array of choices - if you don't like the way they run things in Kansas, for example, pick up your stuff and move to California.

 

[jks9199]

Can I ask why each state has different laws? It seems strange that a country should have so many different laws, seems like inequality somehow. We have different laws in England, Scotland and N Ireland but they are different countries not states or counties.

This thread reminds me of the Rabbi who was counselling a married couple who were constantly arguing. He listened to the husband then said 'you are right, he listened to the wife then said 'you are right'.

Because we are a federation of independent states, at least, we are supposed to be. Don't think of it as inequality, think of it as an array of choices - if you don't like the way they run things in Kansas, for example, pick up your stuff and move to California.

Let me expand...

The United States of America is a relatively loosely bound collection of 50 sovereign States, each of which has the responsibility to secure the safety and well being of the citizens and residents. The US Constitution defines the relationships between the States, and the structure of the Federal government. It also defines the relationship between the people and the government more broadly, giving the minimum freedoms and maximum intrustions of the State or Federal government upon the People. Each State also has its own Constitution (or similar document), serving a similar purpose. An individual is governed first by their local government (town, city, or county, typically), then by their State, and, finally, by the Federal government.

Remember how the USA came about; a king and national government tried to rule from afar, with no real input from those that were being governed. So, the government that resulted (largely from trial and error) gives the governed a lot of input and control over their government, with more input as the government interference in their freedoms increases. It's all about local control, as one of my law instructors would say...